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Keywords

appealtrialmotionburden of proofdivorce
trialmotionburden of proofdivorce

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Royer v. Royer, 98 S.W.3d 284

Facts

Ralph Kenneth Royer motioned to modify his child support obligations, claiming a significant decrease in income since his divorce in 1996. During the trial, both Mr. Royer and his ex-wife, Deborah Kown Royer, testified, and various financial documents were presented. Mr. Royer argued that his income had dropped dramatically due to losing major accounts in his business, yet he had made substantial discretionary expenditures, including purchasing a new home and incurring significant expenses for personal luxuries.

Mr. Royer seems to base his appellate argument on the simple fact that his income for 1996, the year of the divorce, was significantly greater than his income for 2001.

Issue

Did the trial court abuse its discretion in denying a modification of child support?

Did the trial court abuse [its] discretion in denying a modification of child support?

Rule

A trial court may modify a prior child support order if 'the circumstances of the child or a person affected by the order have materially and substantially changed since the date of the order's rendition.'

A trial court may modify a prior child support order if 'the circumstances of the child or a person affected by the order have materially and substantially changed since the date of the order's rendition.'

Analysis

The court analyzed Mr. Royer's financial situation by comparing his income at the time of the divorce with his current income and overall financial resources. Despite a decrease in reported income, the court noted that Mr. Royer continued to make significant discretionary expenditures and had substantial assets, including a pension fund. The court concluded that Mr. Royer did not meet the burden of proof required to show a material and substantial change in circumstances.

Although Mr. Royer's earned income at the time of the original support order in 1996 was higher than his listed income at the time of the filing of the motion to modify, considering his overall financial resources and assets, we find that the trial court did not abuse its discretion in maintaining the child support at the amount reflected in the divorce decree.

Conclusion

The Court of Appeals affirmed the trial court's denial of Mr. Royer's motion to modify child support, finding no abuse of discretion in the trial court's decision.

The trial court's denial of the motion to modify is affirmed.

Who won?

Deborah Kown Royer prevailed in the case because the court found that Ralph Kenneth Royer did not demonstrate a material change in circumstances to justify a modification of child support.

Mr. Royer simply failed to carry his burden of proof that a material and substantial change in circumstances had occurred so as to justify a reduction in his monthly child support obligation.

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